Article 35 Work Accidents and Occupational Diseases
Article 35: Work Accidents and Occupational Diseases
35.01 An employee who is victim of a work accident or has contracted an occupational disease must report it to his/her immediate supervisor as soon as possible after the occurrence of such accident or disease, and must complete and sign the University form relating to work accidents and occupational diseases as soon as possible after the incident.
35.02 When an permanent employee is absent from work as a result of a work accident or an occupational disease, as provided for in law, the University must pay the employee his/her regular weekly salary for a period of four (4) calendar months following the beginning of the absence. The employee must then turn over to the University the compensation received from the CNNEST. If the absence exceeds four (4) months the University must continue to pay the equivalent of the indemnity paid by the CNESST and this for the two (2) years following the beginning of the absence. Thereafter, indemnity is undertaken by the CNESST. The terms of this clause will remain in effect until the CNESST determines that the employee is either able to return to work or suffering from a permanent disability, partial or total, preventing her/him from returning to work.
The employee will also benefit from the salary increase to which he/she is entitled including the step increase according to the dates and periods provided for in the Collective Agreement.
The University will pay a temporary employee who is absent from work as a result of an occupational injury as defined by the law, ninety percent (90 %) of net salary for the fourteen (14) first calendar days following their first day of absence. Thereafter, the employee is reimbursed directly by the CNESST.
35.03 a) The employee who remains incapable of doing his/her work because of a work accident or an occupational disease, and is deemed capable of performing other tasks, is entitled to the first available position which allows him/her to perform these tasks.
b) If such a position is not available, the Union, the University and the CNESST will meet to discuss a retraining program for the employee concerned in accordance with the law.
c) The employee who is reintegrated into his/her position or an equivalent position is entitled to receive the salary and benefits at the same rate and conditions which would have applied had he/she not been absent. The employee who takes another position is entitled to receive the salary and benefits associated with the position, taking into account accumulated seniority and service.
35.04 Upon the employee’s return to work, the University reintegrates her/him into the position he/she occupied at the moment of his/her departure, or into an equivalent position if his/her position has been abolished or posted. However, positions left unoccupied as the result of a work accident or an occupational disease for a period not exceeding twenty-four (24) months are not considered vacant positions.
35.05 When an employee who had a work accident or suffered an occupational disease returns to work, the University pays his/her net salary for each day or part of a day when the employee must be absent from work in order to receive care or undergo a medical exam related to his/her injury or disease, or to fulfill an activity within the framework of an individualized rehabilitation program. Upon request, the CNESST reimburses the University the salary it paid by virtue of the preceding paragraph, except when the employee is absent from work to undergo a medical exam required by the University.
35.06 As for the other terms, the parties are subject to the provisions of the Act respecting Industrial Accidents and Occupational Diseases.
35.07 The University must advise the Union without delay when an employee is victim of a work accident or an occupational disease, unless the employee objects.